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County Board commissions noise ordinance

Posted July 17, 2015 11:00 pm

By Pete Spitler The Herald Tribune

CHESTER -- The Randolph County Board took the first serious step toward a county noise ordinance during Friday's meeting at the Randolph County Courthouse.

After hearing from Red Bud residents Elaine Krebel and Sandy Melliere in a discussion - which got heated at times - about the noise levels at Red Bud Winery, the commissioners instructed Randolph County State's Attorney Jeremy Walker (who was in attendance at the meeting) to craft some sort of "loud and unnecessary noise and music" ordinance.

"We have gone through all levels of government to find an answer to this," Melliere said. "We're just looking for what our rights are to live in peace and quiet in this county."

Friday was not the first time the pair have appeared in front of the commissioners, as the same topic was discussed during a meeting in April 2014. Both women live near the winery, which is located on State Route 3.

"This year has been a little bit better because we've got a cornfield between us and they haven't been outside as much because of all the rain," Melliere said.

Melliere alleged that Red Bud city aldermen did not respond to their concerns and that Mayor Tim Lowry told them they would not be able to address the city council.

"How do we get the state law applied here?" Melliere asked. "There is no ordinance in Randolph County."

Walker said the state law would have to be enforced through the Illinois Pollution Control Board, which was created in 1970 by the Environmental Protection Act.

According to its website, the IPCB classifies land by Land-Based Classification Standards (LBCS), which classify land in the dimensions of activity, function, structure type, site development character and ownership.

Based on the LBCS function code chart, Red Bud Winery could be classified as "Class B" land per the function of "bar or drinking place."

"These establishments may also provide limited food and entertainment (primarily music) services," the LBCS description said.

Residential land falls into the Class A category. The IPCB maximum allowable standards for sound emitted to any receiving Class A land from Class B land are 72 decibels during daytime hours and 63 during nighttime hours at a distance no less than 25 feet from the property line.

The IPCB does not specifically define the ranges of daytime and nighttime hours except in regard to impact forging operations. For that purpose only, "daytime hours" are defined as "any continuous 16-hour period between 6 a.m. and 11 p.m."

Nighttime hours are defined as eight hours between 10 p.m. and 7 a.m., which are not part of the 16-hour period.

Walker said he has received some input from other counties and municipalities, including those outside of Randolph County, on current noise ordinances. The feedback ranged from no ordinance at all, to specific decibel levels.

"Some were very vanilla; 'you shall not create a loud noise,'" he said, adding that such ordinances are difficult to enforce and constitutionally vague.

Other ordinances listed things that were prohibited and some specified decibel levels dependent on whether they were a commercial or industrial property.

Kiehna said he would like to have a public hearing "in about a month" in order to give people a chance to view some versions of the ordinance. The hearing will be held in Red Bud, possibly at Southwestern Illinois College.

In other action, the commissioners approved an amendment to an intergovernmental agreement with the City of Sparta in regard to the World Shooting and Recreational Complex. The agreement was made in 2004 to help the city build a water line to the complex.

The bond payments were initially $100,000 per year, but for unknown reasons became $50,000 per year several years ago. Commissioner David Holder said the payments will remain at $50,000, but will now extend to 2028.

The amendment has already been approved by the Sparta City Council.

"This will clean this agreement up and satisfy their needs in being able to refinance their bonds," Holder said, who added the bond payments are paid out of hotel/motel tax funds.

Finally, the commissioners approved a pair of delinquent tax resolutions, one on Kaskaskia Island and one in Evansville Township.

Roundup

General assistance claims for the period were $2,749.66 with no expenses.

The Randolph County Care Center was reported to have 64 residents.

The commissioners approved the courthouse claims, including a $60 claim from Total Eclipse for decals for the sheriff's office.

The commissioners heard a presentation from Randolph County E-911 Coordinator Cindy Wagner on recent legislation that established new 9-1-1 rates effective Jan. 1. The new rate is 87 cents per line and landline rates will no longer apply.

"The reason why they're able to do that is that they are now assessing cell phones," Kiehna said.

Wagner said the county has two public safety answering points - the sheriff's office and Sparta Police Department - and statewide consolidation of 9-1-1 systems has a target date of July 1, 2017.

There are currently nine counties in Illinois without 9-1-1 service.

"They want counties to better communicate with counties," Wagner said.

Randolph County Engineer Mike Riebeling reported on bids for a drainage project on County Highway 5 to Rockwood. The project, estimated to start in September, would replace culverts, widen the embankment and do other earthwork improvements.

Red Dot Construction and Equipment Rental was the lowest of two bidders at $322,220.20.

"It's something that's been coming up for awhile, they had time this year to get it done," Riebeling said.

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